Legal

Property Access & Visit Terms

Last Updated: October 2026

These Property Access & Visit Terms ("Terms") govern all individual, on-demand, and ad-hoc property visits, visual walkthroughs, turnover verifications, and routine upkeep services ("Visits" or "Services") provided by The Grounded CoHost LLC, a Texas limited liability company ("Company"), to property owners, short-term rental hosts, or authorized property representatives ("Owner").

1. Agreement & Methods of Acceptance

By doing any of the following, Owner agrees to be legally bound by these Terms:

(a) Approving, accepting, or paying any quote, estimate, proposal, or invoice referencing these Terms;

(b) Scheduling or ordering an on-demand Visit or Inspection via text message, email, website booking form, or messaging platform;

(c) Replying "Yes," "Confirmed," "Approved," "Go," or similar affirmative response to an electronic communication referencing these Terms; or

(d) Providing entry credentials or permitting Company personnel onto the Property.

These Terms constitute a binding electronic agreement pursuant to the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ch. 322). For Owners who have executed a separate Master Cohost Services Agreement with Company, that Master Agreement and its accepted Estimate shall control over any conflicting provision herein.

2. Scope of Services & Inspection Tiers

Company provides non-construction property support and visual inspection walkthroughs under the specific scope requested by Owner:

(a) Visual / Turnover Check-In (e.g., "Grounded Glance" scope): A rapid, visual walkthrough (typically capped at one hour on-site) focused on verifying overall guest-readiness, general cleanliness, surface inventory levels, and documenting obvious, visible damage or urgent maintenance concerns between guest stays.

(b) Comprehensive / Deep Inspection (e.g., "Grounded Watch" scope): A detailed, in-person walkthrough following a standardized digital checklist to document overall property condition. Includes confirming basic visible operability of standard fixtures and appliances, visual exterior checks, and preventative maintenance observations (e.g., visual check of HVAC filter cleanliness, smoke detector battery status, and visible deferred maintenance).

(c) Permitted Minor Cohost Upkeep: During an Inspection or Visit, Company may, with Owner's advance approval, perform minor, routine, non-construction upkeep tasks (e.g., replacing standard smoke detector batteries, swapping existing HVAC filters of identical size, replacing light bulbs, or restocking consumables).

(d) General On-Demand Visits: Ad hoc operational tasks such as parcel pickup/delivery, amenity stocking, vendor escort, and seasonal preparation.

3. Critical Scope Disclaimers (Not a Licensed Home Inspection)

(a) Not a Licensed Home Inspector (TREC Ch. 1102): Company's visual walkthroughs and checklist reports do not constitute a licensed real estate inspection, structural inspection, safety certification, or systems/code evaluation under Texas Occupations Code Chapter 1102. Company does not hold a home inspector license from the Texas Real Estate Commission (TREC).

(b) Visual Surface Observations Only: Company inspects only readily visible, accessible areas and confirms only basic visible operability. Company does not evaluate, inspect, open, dismantle, or certify: (i) mechanical, electrical, plumbing (MEP), or HVAC systems; (ii) concealed, behind-wall, subterranean, or in-ceiling wiring or pipes; (iii) roof structural integrity, foundations, or load-bearing components; or (iv) gas lines, chimneys, or environmental hazards (e.g., mold, radon, asbestos, lead, pests).

(c) Latent Defects: Company is not responsible for hidden, concealed, intermittent, or latent defects not readily observable during a standard visual walkthrough.

(d) Not a Licensed Contractor: Company does not perform HVAC, electrical, plumbing, structural carpentry, or licensed trade work.

(e) Not Property Management: Company is not a property manager, real estate broker, or leasing agent under Texas law. Owner retains exclusive control of listing descriptions, nightly pricing, booking approvals, guest agreements, and rental revenues.

4. AI-Assisted Tools, Condition Reports & Media Ownership

(a) AI-Assisted Photo Comparison: Company may utilize software tools incorporating artificial intelligence (AI) to assist in comparing turnover and inspection photos over time to highlight visible differences. Owner acknowledges and consents to this use. AI comparison is supplemental only, provided "as is," and subject to human review. Company does not guarantee the accuracy of AI tools and is not liable for false alerts or missed discrepancies.

(b) Documentation Ownership & License: Company owns all photographs, videos, checklist logs, and written reports created during any Visit or Inspection. Company grants Owner a non-exclusive, perpetual, royalty-free license to use such photos and reports for Owner's internal property records, guest-platform resolution requests, and insurance claims.

(c) Insurance Claims & Guest Disputes: Company provides photo and checklist documentation to assist Owner in gathering facts. Company is not an insurance claims adjuster, public adjuster, or legal representative. Company does not adjudicate claims, guarantee reimbursement from booking platforms (e.g., Airbnb AirCover, Vrbo) or insurance carriers, or assume responsibility for the outcome of any guest damage dispute.

5. Property Access & License to Enter

(a) License to Enter: Owner grants Company, its employees, and authorized contractors a non-exclusive license to enter the Property at reasonable times solely to perform the scheduled Visit or Inspection. Owner retains exclusive possession and control; no tenancy, lease, or possessory interest is created.

(b) Entry Credentials: Owner shall provide accurate entry codes, smart lock access, or lockbox codes prior to arrival. Company will treat all credentials as confidential.

(c) Scope of Presence: Company will confine activities strictly to areas necessary to perform the requested service and will not enter private, locked, or restricted areas without express Owner consent.

6. Visits During Active Guest Stays (Guest Consent Required)

If an Inspection or Visit is scheduled while a paying guest is in occupancy:

(a) Owner's Duty to Clear Entry: Owner is solely responsible for contacting the guest in advance via platform messaging or text to inform them of the visit window and purpose. If the guest will not be present, Owner must obtain the guest's explicit permission for Company to enter in their absence.

(b) Advance Confirmation: Owner shall confirm to Company in writing that the guest has consented prior to Company arriving on-site.

(c) Guest Refusal / Lockout: If Company arrives and a guest refuses entry, expresses hostility, or states they were not notified, Company personnel may immediately withdraw. Owner will be billed the Failed Access Trip Fee (Section 10(c)), and Company bears no liability for incomplete tasks or guest complaints.

(d) Guest Entry Indemnification: Owner agrees to defend, indemnify, and hold harmless Company from any guest claim, platform refund demand, or allegation of trespass (Tex. Penal Code § 30.05) or invasion of privacy resulting from Company entering the Property during an active guest stay where Owner requested the service.

7. Accidental Property Damage Release (Texas Express Negligence Waiver)

Company will exercise reasonable care in performing all Visits and Inspections.

EXCEPT FOR DAMAGE CAUSED BY COMPANY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL ACTS, OWNER RELEASES AND FOREVER DISCHARGES THE GROUNDED COHOST LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, OR DAMAGES FOR ACCIDENTAL DAMAGE TO THE PROPERTY OCCURRING DURING OR ARISING OUT OF ANY VISIT OR INSPECTION — INCLUDING CLAIMS ARISING FROM COMPANY'S OWN ORDINARY NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF COMPANY'S EMPLOYEES, AGENTS, OR CONTRACTORS — AND OWNER WAIVES ANY RIGHT TO SUE OR ASSERT A CLAIM AGAINST COMPANY FOR SUCH ACCIDENTAL DAMAGE.

Owner specifically acknowledges and agrees that this Section is an express release of Company's own ordinary negligence pursuant to Texas law. Nothing in this Section releases Company from liability for gross negligence, willful misconduct, or intentional torts.

8. General Limitation of Liability & Consequential Damages Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO OWNER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST SHORT-TERM RENTAL REVENUE, LOST BOOKINGS, GUEST REFUNDS, PLATFORM PENALTIES, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH ANY VISIT, INSPECTION, OR REPORT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY VISIT OR SERVICE EXCEED THE TOTAL FEES ACTUALLY PAID BY OWNER TO COMPANY FOR THAT SPECIFIC SERVICE.

9. Third-Party Claims & Indemnification

OWNER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, DAMAGES, CITATIONS, FINES, OR CAUSES OF ACTION (INCLUDING REASONABLE ATTORNEYS' FEES AND DEFENSE COSTS) ARISING OUT OF OR RELATING TO: (a) THE PROPERTY, PROPERTY CONDITIONS, OR LATENT DEFECTS PRESENT ON-SITE; (b) ANY ACT, OMISSION, OR DISPUTE INVOLVING OWNER'S GUESTS, OCCUPANTS, NEIGHBORS, CLEANERS, OR VENDORS; OR (c) COMPANY'S PERFORMANCE OF REQUESTED VISITS OR INSPECTIONS, INCLUDING CLAIMS ARISING OUT OF COMPANY'S OWN ORDINARY NEGLIGENCE, EXCEPT TO THE EXTENT CAUSED BY COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

This indemnification applies to the maximum extent permitted under Texas law (including Texas Civil Practice & Remedies Code Chapter 130 and Texas Insurance Code Chapter 151).

10. Fees, Invoicing, Trip Fees & Taxes

(a) Service Rates: Services are billed at the confirmed quoted rate or, if no advance quote was issued, in accordance with Company's then-current Grounded Visit Rate Card in effect at the time of scheduling.

(b) Payment Terms & Late Fees: Invoices are issued upon service completion (or prepaid where required) and are due upon receipt. Invoices unpaid after five (5) business days accrue a $30.00 late fee as agreed liquidated damages (not a penalty) to compensate Company for administrative and carrying costs.

(c) Failed Access & Lockout Fee: If Company arrives for a scheduled service and cannot access the Property through no fault of Company — including incorrect codes, jammed locks, locked gates, unrestrained animals, or an unnotified guest refusing entry — Owner will be billed a trip fee equal to the confirmed visit base rate to cover travel and staff time.

(d) Texas Sales & Use Tax: Fees are exclusive of applicable Texas state and local sales taxes. Company will itemize and collect sales tax on taxable goods (e.g., purchased amenities, replacement filters/batteries) in compliance with Texas Comptroller regulations.

(e) Payment Processing Fees: Processing fees charged by Company’s payment processor (e.g., credit card or ACH gateway fees) may be added to Owner's invoice.

11. Property Insurance Representation

Owner represents and warrants that the Property is covered by active property insurance and commercial general liability insurance suitable for short-term rental operations. Owner shall provide proof of insurance upon request. Company is not required to be named as an additional insured for individual on-demand Visits or Inspections.

12. Notices: Operational Communications & SMS/Text Consent

Owner expressly consents to receive operational, informational, scheduling, and emergency communications from Company and its third-party operations platforms (including Breezeway, dispatch tools, or automated messaging systems) via SMS/text message at the telephone number(s) provided. Consent to receive operational text messages is not a condition of purchasing services, and standard carrier message and data rates may apply. Owner may opt out of automated SMS notifications at any time by replying STOP to any automated message, but acknowledges that opting out may impair or delay urgent dispatch notifications, real-time access coordination, and emergency repair alerts.

13. Governing Law, Venue & Legal Enforcement

(a) Texas Law: These Terms and all disputes arising hereunder are governed exclusively by the laws of the State of Texas.

(b) Exclusive Venue: The Parties agree that exclusive jurisdiction and venue for any legal proceeding arising out of or relating to these Terms or any service shall lie in the state courts of Brazoria County, Texas (including the Justice Court of Texas for claims within its jurisdictional limit).

(c) Attorneys' Fees: In any legal action to enforce these Terms or collect unpaid fees, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, and related expenses.

(d) Severability & Survival: If any provision is held invalid, all remaining provisions continue in full force. Sections 3, 4, 6, 7, 8, 9, 10, 12, and 13 survive completion or cancellation of any service.

Website Terms of Use

The following sections govern your access to and use of The Grounded CoHost website itself.

14. Website Access & Acceptable Use

By accessing or using our website, you agree to comply with these Website Terms of Use. You agree not to use the website for any unlawful purpose, to solicit others to perform unlawful acts, to violate any international, federal, or state regulations, or to infringe upon our intellectual property rights or the intellectual property rights of others. We reserve the right to terminate your use of the website for violating any of the prohibited uses.

15. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of The Grounded CoHost LLC and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our express written consent.

16. Disclaimer of Warranties & Limitation of Liability (Website)

(a) "As-Is" Basis: The website and all information, content, and materials included on it are provided on an "as-is" and "as-available" basis. We do not warrant that the website will be uninterrupted, secure, or error-free.

(b) Liability: To the maximum extent permitted by law, The Grounded CoHost LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of, or inability to use, this website.

17. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by The Grounded CoHost LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party sites.


Questions or Support?

The Grounded CoHost LLC
Brazoria County, Texas
Email: info@thegroundedcohost.com
Phone: (979) 304-5757